NLRB Developments Post-Election – What The Future May Hold In Labor Relations

Now that the election is over, one of the main questions being asked is, what next? We recently held a Webinar entitled ”The Latest at the NLRB and Post-Election Developments” to address this question. It seems clear that with Congress still divided that there likely will not be much in the way of legislative change. The pressing issues facing the NLRB, as well as those advanced by the agency are pretty well known:

The quorum issue. There are four members currently sitting on the Board. Two (Chairman Pearce and Member Hayes) have regular appointments. Member Hayes’ appointment is set to expire on December 16, 2012, a little more than a month away. The other two (Members Griffin and Block) have been challenged legally as improper recess appointments. Litigation over their appointments will be decided in the coming months.

Employee Rights Poster. The NLRB’s effort to require all employers under its jurisdiction to post a notice informing employees of their rights to unionize continues. It has been tied up in litigation but that will be decided in the coming months

Ambush election regulations. The NLRB’s new regulations over representation elections, variously called “quickie” or “ambush” elections, also have been stalled by litigation. Those cases are likely to be decided in the near future.

Specialty Healthcare. The NLRB’s decision altering the analysis for determining bargaining units continues to cause a wide impact and will be something to watch.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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